Bereavement Benefit - (wording error on all websites re. eligibility)

RAS

Get her MP onto this. Does s/he have a surgery locally?

p00hsticks

tomw3uk wrote: »

We have spoken to 2 offices now and both said the same! They input the details into a computer and that gives them the answer. Very frustrating that everything online is incorrect.

It may be a long shot but I'm wondering if it might be worth submitting a claim on paper rather than by phone - you can download the claim form here

https://www.gov.uk/bereavement-payment/how-to-claim

Having a look through, that also appears to suggest that your mother is entitled to the benefit (assuming your father paid enough NI over the last couple of years).

Copy the form before you send it, and that way you at least have a clear record of what the details are

anmarj

tomw3uk wrote: »

Yes full NI contributions were made. They said the reason for refusal was that the deceased wasn't under pension age.

that will what be the reason, it does not matter that your mum is under state pension age, but as your father was and in receipt of a pension. It is quite confusing, I do struggle to understand it myself

found the DMG Guidance and it states "or"

http://www.dwp.gov.uk/docs/dmgch63.pdf page 5, all the sites don't have the "or" in it, need to find somebody at work to get that changed

pmlindyloo

anmarj wrote: »

that will what be the reason, it does not matter that your mum is under state pension age, but as your father was and in receipt of a pension. It is quite confusing, I do struggle to understand it myself

found the DMG Guidance and it states "or"

http://www.dwp.gov.uk/docs/dmgch63.pdf page 5, all the sites don't have the "or" in it, need to find somebody at work to get that changed

The exact bit is


1. [FONT=MLJHH I+ Helvetica,Helvetica][FONT=MLJHH I+ Helvetica,Helvetica]at the date of death [/FONT][/FONT]
[FONT=MLJHH I+ Helvetica,Helvetica][FONT=MLJHH I+ Helvetica,Helvetica][/FONT][/FONT]
1.1 [FONT=MLJHH I+ Helvetica,Helvetica][FONT=MLJHH I+ Helvetica,Helvetica]the surviving spouse or civil partner was under pensionable age [/FONT][/FONT]or

1.2 [FONT=MLJHH I+ Helvetica,Helvetica][FONT=MLJHH I+ Helvetica,Helvetica]the late spouse or civil partner was not entitled to a Cat A RP1 [/FONT][/FONT]


so even the Decision Maker's guide is saying that you are entitled to it as your mum is under pensionable age.

This backs up everything on the websites I have looked at.

quidsy

DWP complaints procedure

http://www.dwp.gov.uk/supplying-dwp/purchasing-in-dwp/dwp-commercial-complaints/

tomw3uk

quidsy wrote: »

DWP complaints procedure

Thank you. We'll give that a go and see how we get on.

And thank you to everyone else too, much appreciated.

anmarj

i am off tomorrow but can speak to a colleague in the bereavement area and see if they clarify on friday and let you know friday pm.

if you read the bit i linked up, it stated that one of those must be true, and one of the other conditions must be met, and that may not be met by being on sp, but i will speak to somebody on friday

tomw3uk

anmarj wrote: »

i am off tomorrow but can speak to a colleague in the bereavement area and see if they clarify on friday and let you know friday pm.

if you read the bit i linked up, it stated that one of those must be true, and one of the other conditions must be met, and that may not be met by being on sp, but i will speak to somebody on friday

Hi, did you get an clarification?

anmarj

Hi

The website is ambigious, there are conditions of entitlement which are in the DMG guidance I gave

A person whose spouse dies on or after 9.4.01 or whose civil partner dies on or after 5.12.05
will be entitled to a lump sum BPT if
1.
at the date of death
1.1
the surviving spouse or civil partner was under pensionable age
or
1.2
the late spouse or civil partner was not entitled to a Cat A RP
1
and
2.
the late spouse or civil partner
2.1
satisfied the contribution condition
2
or
2.2
is treated as
satisfying the contribution condition
2.2.a
by satisfaction of conditions in early years of contribution
3
or
2.2.b
because the first contribution condition had been satisfied on a
previous claim
for
IBST or MA
4
or
2.2.c
as a result of an IA or PD where the late spouse died on or
after 11.4.88
5
or the late civil partner died on or after 5.12.05.

Not sure how the sp does not satisfy the contirbution part but assuming it something to do with once someone reaches SP age they no longer pay national insurance.

you will find most of the other sites will have copied the gov uk site.

p00hsticks

anmarj wrote: »

Not sure how the sp does not satisfy the contirbution part but assuming it something to do with once someone reaches SP age they no longer pay national insurance.

In post 5 the OP says that the father only reached 65 in February, so I don't think this is it, as (assuming the rules are the same as for contributions based JSA) I believe they would be looking at the contribution record for tax years 2010-11 and 2011-12 ?

and in post 8 the OP confirmed that 'full NI contributions were made' and that the reason DWP were giving for rejecting the claim was that the deceased was over State Pension age....